Gwinnett County Planning Division Rezoning Application Last Updated 2/2014 REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA. APPLICANT INFORMATION OWNER INFORMATION* NAME: NDI Development, LLC c/o NAME: *SIGNATURE PAGES ATTACHED Andersen, Tate & Carr, PC -P tHO 3ov t fo (A,n (JQj/J fer; l-i ADDRESS: 1960 Satellite Blvd., Suite 4000 ADDRESS: ciTY: Duluth CITY: o /Xrl ?f frr / STATE: GA ZIP: 30097 . C4Jf ; I STATE: ZIP: PHONE: (770) 822-0900 PHONE: CONTACT PERSON: Marian C. Adeimy, Attorney PHONE: (678) 518-6855 CONTACT'S E-MAIL: [email protected]APPLICANT IS THE: D OWNER'S AGENT PROPERTY OWNER D CONTRACT PURCHASER PRESENT ZONING DISTRICTS(S): C-2 REQUESTED ZONING DISTRICT: R-TH LAND DISTRICT(S): 7th LAND LOT(S): 211 ACREAGE: 4.5 acreS ADDREss oF PROPERTY: Satellite Blvd., Duluth, GA PRoPosED DEvELOPMENT: Town home development RESIDENTIAL DEVELOPMENT NON-RESIDENTIAL DEVELOPMENT No. of Lots/Dwelling Units _3_5 ___ _ No. of Buildings/Lots: ______ _ · Min. 1,800 sq. ft. Dwelling Unit Size (Sq. Ft.): ____ _ Total Building Sq. Ft. ______ _ Gross Density: 7.8 Units/acre Density: _________ _ Net Density: 21 Units/acre PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED 2 RECEIVED BY DEC 0 2 2016 Pllnfing & Devlfopment rzM '17 oo 2
Transcript
Gwinnett County Planning Division Rezoning Application Last Updated 2/2014
REZONING APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA.
APPLICANT INFORMATION OWNER INFORMATION*
NAME: NDI Development, LLC c/o NAME: *SIGNATURE PAGES ATTACHED Andersen, Tate & Carr, PC -P tHO 3ovt fo(A,n (JQj/J fer;l-i ADDRESS: 1960 Satellite Blvd., Suite 4000 ADDRESS:
ciTY: Duluth CITY: ~1 o /Xrl?ffrr / If::.~ STATE: GA ZIP: 30097
. C4Jf; I STATE: ZIP:
PHONE: (770) 822-0900 PHONE:
CONTACT PERSON: Marian C. Adeimy, Attorney PHONE: (678) 518-6855
10. PnMd4l thra or men olf-rtral porkaolg IPCIC• pr drrtrng unit Ia' IOW!homa ond WlaL Alltarl eo p.w1l olrrqund palci'lg cno1 for o,..dl dt'fllap!T*II must beloa~tld d're:tly n tnr front or fftll" of tnt d•lln~ unRa. The bolonc:. or tht pcnn9 iplletl may belocottd In o paUiq fodilylllpiii'Ot.:l fra'TI\I!t unJta. Al laM'Iho-ne ond wlla~~unJb lfldl roqun at loo.trilgl ... t:a" FOIJIL
II.MvautdORm:Jflolbtm66td. 12. Pnr!Wt llidtwdQ odpo.,t \a bo\h tidn of iltn.- IIJwb Ill' prho\o drl1111t11J'L Dnlgn lheiJ bo ~ ~llfll Rt~crtionL ll. A minimum aftlv"n c.~dmcrxinum of •l#lt. d•lllinljrunJIJ ndl btolo-.d n oodlrO'I afUJIKihou:!a. WICII;,ol h0'4o mlrl""-nol lhr•
RZM '17 00 2 [ DECLARATION I i1te lJeclorotliot't of Ec..menfs tCr Forogct: t:t 5m.mt~ h rw:t:Jrd«< !.'7 De«! Bot* .47154, Par;~ 501- 528. of the Otri of Superior Court of Gw.n.tt Covr.-t):. Ceofvlo.
I UTILriYCONTACTS . -- -] ~ ENGINEERING DEPARTMENT ATLANTA GAS UGHT 10 PEACHTREE PLACE SUITE: 1000, LOCAnON 1350 Ai!.»>TA, GA 30309 404--127-1865
~ JAMES KIMBROUGH BEUSOUiH 7950 lltE:ST EXCHANGE PLACE TUCKER. GA 30084 .ro+-626-8807
fl2'ltEB BRENDA · WRIGHT JACKSON EMC-GWINNETT P.O. BOX 490250 LAWRENC£1//LJ..£. GA 30049 77D-822-3265
WATER ct SEWER JEANNIE LANDRUM GWINNf:TT COUNTY WA1C'R & SEWER 684 'WINDER HIGHWAY LA WRENC£1//LJ..£. GA 30045 678-376-7139
GRAPH1C SCAt£ 1• -1 00' - 50 100 250 500
I LEGENDU----~--J
STANDARD AB8REVJAT10NS STANDARD SYl.IBOLS AC Al~ CONDmONER / e:cc.cr; SPOT El.EVt.TlON a CAST IRON 0< WATER SPiGOT CMP CORRUGATED UETAL PIPE ,11' PO'M::R POl£
/{f_~e:, _: ~~ ~/- I AREA TABLE I .~ eMF CONCRETE !.IONUI>IEHT f"ND --) GUY \\IRE co SANITARY ctEAHOUT CTP alll.fPED TOP PIPE -N- PO'M::R UNE
TOTAL AREA 25.743 1,121,380 ~
·-....,
""' ""' '-.....
·"·
' .. "-.,
01 CROP INLET ~LP Ehl ElECTRIC METER IE!1J F"NC FENCE
@ FND F"C)(JNC
""' CAS ·METER GALli GALVANIZED "" IN I/ INV£RT ® JB ..UNCTION BOX -6 MH J.IANHOl£ 0 OHf' 0';£RHEAD PO\\IER " OTP CPEN TOP PIPE
'"' PIJ POv.ER. METER · @ PCC PLASTIC OO.IJN PIPE
PE POOL EOUIPMENT -G-POB POINT OF BEGINWNC ·-?-POC POINT OF COWMEHONG -T-R8!l IRON REJN!'OOONG 8 AR RC? RCJNFOOC!JJ CONCRETE PIPE -TV-ss SANITARY SEWER -· ~'--· TP TEl.EPHONE PEDESTAL ""' TV CABLI: TV PEDESTAL 8-
~
UGHT POl£ PCv.ER METER GAS VAL>£ GAS METER WATER VAL\<£ WATER METER FlRE HYDRANT FlRE DEPARTIIENT CONNECTION PHONE PEDESTAL. SE'MJl a..EAN OUT CREASE mAP
UHDERCROUNO GAS UNE UNDERGROUND PO\\IER UNE UNOERGRO\IIill TEUPHONE UNE UNDERGROUND CABlE ID.EV\SION UNE UNDERGROUND WATER UN£ \\£T AAEA PHOTO POSITION INDICATOR
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
REZONING APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER
PURSUANT TO REQUIREMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE, THE BOARD OF COMMISSIONERS FINDS THAT THE FOLLOWING STANDARDS ARE RELEVANT IN BALANCING THE INTEREST IN PROMOTING THE PUBLIC HEALTH, SAFETY, MORALITY OR GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND SHALL GOVERN THE EXERCISE OF THE ZONING POWER.
PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY:
(A) WHETHER A PROPOSED REZONING WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:
See Exhibit "B"
(B) WHETHER A PROPOSED REZONING WILL ADVERSELY AFFECT THE EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: See Exhibit "B"
(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED REZONING HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED: See Exhibit "B"
(D) WHETHER THE PROPOSED REZONING WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS: See Exhibit "B"
(E) WHETHER THE PROPOSED REZONING IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN: See Exhibit "B"
(F) WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE PROPOSED REZONING:
See Exhibit "B"
3 DEC 0 2 2016
Planomg & Devlklpment
RZM '1700 2
ANDERSEN I TATE I CARR
ANDERSEN, TATE & CARR, P . C. ONE SUGARLOAF CENTRE
1960 SATELLITE BOULEVARD, SUITE 4000 DULUTH, GEORGIA 30097
(770) 822-0900 FACSIMILE: (770) 236-9754
www. atclawfirm . com
MARIAN C. ADEIMY Attorney at Law E-mail: madeimy@atclawfirm . com
December 2, 2016
VIA HAND-DELIVERY AND E-MAIL Gwinnett County Department of Planning and Development 446 West Crogan Street, Suite 225 Lawrenceville, Georgia 30045
Dear Planning staff:
LETTER OF INTENT NDI DEVELOPMENT, LLC (Tow nhomes at Paragon)
REQUEST FOR REZONING FROM C-2 TO R-TH Satellite Blvd., Duluth, GA 30096
R~c~IVEoay DEc 0 2 2016
P!ann;,g & De lltkJPmefw
RZM '170oz
The Applicant, NDI Development, LLC (hereinafter, "Applicant"), submits this request to rezone the property located near Satellite Blvd. and Indian Trail Road, Duluth, GA, from C-2 to R-TH, for a 35 unit townhome development on the approximately 4.5 acre site adjacent to the Paragon shopping center (hereinafter, the "Property").
I. Rezoning Plan:
The proposed townhomes would include larger, open floor plans, high-end materials and finishes, and two - three stories in height. They will include a minimum two-car garage. The proposed townhome use would complement and support the existing Paragon shopping center. While Paragon currently contains some retail and restaurant options, there is no residential option for young professionals and empty-nesters to support the existing retail center and convenient location the Property offers. The Property is also located near a future Gwinnett County park, which could serve as an amenity and connection to the larger, future mixed-use development.
On the whole, Gwinnett County has very few upscale developments which include office, commercial and residential options. This underserved market of young professionals is exactly the sort of demographic that Gwinnett needs to attract to maintain its vibrancy. Similarly, the County has residents looking to downsize as empty nesters.
The introduction of a quality townhomes at this location will introduce new customers for the restaurants and commercial uses already in this area, energize the commercial base and make those existing businesses and restaurants even more viable. The future of the 1-85 corridor depends on the influx of active community members who will gravitate to our project and are exactly the demographic that can bring new vitality to Gwinnett.
Letter of Intent NDI/Paragon December 2, 2016 Page 2
Moreover, the Gwinnett 2030 Unified Plan has designated the specific area within which this property is located as a commercial corridor, for higher density residential and mixed-use developments, making this townhome request entirely consistent with the Plan's guidelines for this area. The property has access to a public water supply, public sanitary sewer, and convenient access to collector streets, major thoroughfares and an interstate highway. The subject property is also located near primary and easily accessible transportation routes.
II. Constitutional Objections
In order to preserve their constitutional objections, the Applicant and Owner outline those potential objections herein. The portions of the Gwinnett County Unified Development Ordinance, as amended, (the "UDO") which classify or condition the Subject Property into any more or less intensive zon ing classification and/or zoning conditions other than as requested by the Applicant and property owner are and would be unconstitutional in that they would destroy the Applicant's and Property Owner's property rights without first paying fair, adequate and just compensation for such rights, in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georg ia of 1983, the Equal Protection and Due Process Clause of the Fourteenth Amendment to the Constitution of the United States.
A refusal by the Gwinnett County Board of Commissioners to approve the Applicant's and Property Owner's requested rezoning request and related variances, with only such additional conditions as agreed to by the Applicant, so as to permit the only feasible economic use of the Subject Property, would be unconstitutional and discriminate in an arbitrary, capricious and unreasonable manner between the Applicant and owners of similarly situated property in violation of Article I, Section I, Paragraph II of the Constitution of the State of Georgia of 1983 and the Due Process and Equal Protection Clause of the Fourteenth Amendment to the Constitution. A denial of the requested rezoning will deny the Applicant and Property Owner an economically viable use of the Property while not substantially advancing legitimate state and County interests.
The Applicant and its representatives welcome the opportunity to meet with the staff of the Gwinnett County Department of Planning and Development to answer any questions or to address any concerns. Applicant respectfully requests your approval of this Application.
Enclosures (Application packet) cc: Lisa Reeves
Taylor Anderson
Respectfu lly submitted,
ANDERSEN, TATE & CARR, P.C.
Marian C. Adeimy Attorney for the Applicant/Paragon Town Center
RECEIVED BY
DEC 0 2 2016 filM '11 Oo e
Pfsnning & De_,pment
Gwinnett County Planning Division Rezoning Application Last Updated 2/2014
REZONING APPLICANT'S CERTIFICATION
THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.
Marian C. Adeimy
f Applicant
Digitally signed by: Marian C. Adeimy DN: CN =Marian C. Adeimy C =US 0 =Andersen Tate Carr PC OU = Attorney Date: 2015.08.03 07:33:52 -04'00"
Marian C. Adeimy, Attorney for Applicant/Owner Type or Print Name and Title
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
REZONING PROPERTY OWNER'S CERTIFICATION
THE UNDERSIGNED BELOW, OR AS ATTACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.
~ Signature of Prope~wner
Marian C. Adeimy, Attorney Type or Print Name and Title
Date
5
Date 1
RECt#Vtoey
DEC 0 2 2016
Planning & De Vllopment
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
CONFLICT OF INTEREST CERTIFICATION FOR REZONING
The undersigned below, making application for a Rezoning, has complied with the Official Code of Georgia Section 36-67 A-I, et. seq, Confl ict of Interest in Zon ing Actions, and has submitted or attached the required information on the forms provided.
SIGNATUR OF APPLICANT'S ATTORNEY OR REPRESENTATIVE
DATE
DATE
DATE
!/; Marian C. Adeimy, Attorney for Applicant
TYPE OR PRINT NAME AND TITLE
Marian C. Adeimy, Attorney for Applicant
TYPJi1QR PRINT NAME AND TITLE ,,,, ,,,, ,,,,, OLE L ,,,,,
\~···.~~au~ .. ··~,'~ DiscLosuRE oF cAMPAIGN coN~~ts~~,,, ,,,,,,.,,,,,
Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $250.00 or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Commission?
[KJ YES 0 NO Andersen, Tate & Carr, PC and NDI Development, LLC
YOUR NAME
If the answer is yes, please complete the following section: See Exhibit "C"
NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION
POSITION OF (List all which aggregate WAS MADE
GOVERNMENT OFFICIAL
to $250 or More) (Within last two years)
Attach additional sheets if necessary to disclose or describe all contributions.
6
EXHIBIT AND DISCLOSURE OF CAMPAIGN CONTRIBUTIONS BY ANDERSEN, TATE & CARR, P.C.
NAME AND OFFICIAL POSITION OF CONTRIBUTIONS GOVERNMENT OFFICIAL
Charlotte Nash $1,000 Commission Chairwoman Jace Brooks, $80.69 District 1 Commissioner $750
$500 John Heard, $1,000 District 4 Commissioner $150
$200 Lynette Howard, $1,000 District 2 Commissioner
Tommy Hunter, $750 District 3 Commissioner $500
- - -- 4 .. _
DATE CONTRIBUTION WAS MADE
March 2016
April 2, 2015 May 2015 March 2016 January 9, 2014 May 5, 2014 March 26, 2014 March 19, 2014
March 5, 2015 January 27, 2016
RECEIVED BY
DEC 0 2 2016
Planning & Devt~oPRJent
RZM '1700 z
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING
THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFI ES THAT ALL GWINNETT COUNTY PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.
*Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST.
PARCEL I.D. NUMBER: (Map Reference Number)
6 District
211 224 Land Lot Parcel
Signature of Applicant Date
Marian C. Adeimy, Attorney for Applicant Type or Print Name and Title
TAX COMMISSIONERS USE ONLY
(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED ~CEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE I G~AT BE W)
7
/(A ·-r!tf= I{ TITLE
RECEIVED BY
DEC 0 2 2016
Pfsnning & Devlk>pment
RZM '17 OQ 2
Gwinnett County Planning Division Rezoning Application Last Updated 2/20 14
VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR REZONING
THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL GWINNETT COUNTY PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.
*Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE REZONING REQUEST.
PARCEL I.D. NUMBER: (Map Reference Number)
6 211 -~22~ District Land Lot Parcel
Signature of Applicant Date
Marian C. Adeimy, Attorney for Applicant Type or Print Name and Title
TAX COMMISSIONERS USE ONLY
(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PAR L HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIG AT R L )
